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Abstract

This article will highlight the countless instances in which the Planned Community Act deviates in material ways from both the Uniform Planned Community Act and the North Carolina Condominium Act. Many of these variances and omissions amount to a reinforcement of the power of the declarant and, eventually, the owners' association. In the abstract, many contribute to a fundamental shift in the balance of power from private property owners to private governments. Discussions and summaries of the Planned Community Act to date have not emphasized the numerous policy decisions that were consciously or indirectly made when the General Assembly enacted the greatly modified Act.

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